H-1B Cap 6 Yrs Eligibility

[srinivas.akyana]

Hello,

 

I have a question about H-1B cap 6 Yrs eligibility. My H-1B started from Dec 2012 so I assume it's valid until Dec 2018 (excluding the time I spent in India for vacation etc). However, if I go back to India for more than an year in Mar 2016 and if I want come back in May 2017, can I directly come back with my existing H-1B or do I need to go thru H-1B 2017 Quota as I am not in USA for more than 1 Yrs.

 

Please help me understand. Any help would be greatly appreciated. 

 

Thanks much! 

[srinivas.akyana]

I did go through few posts here & online, looks like I can come back anytime by filing CAP exempt if I don't finish my 6 Yrs quota. However, please confirm.

 

Thanks!

[jairichi]

Only if a cap subject H1B petition was filed after you stayed outside US for a year you get 6 years. Otherwise you get the remainder years of your previous H1B. Remember date of filing matters and not date of entry.

[JoeF]

If you are abroad for at least a year, you can either come back with the same H1 and get the remainder time, or you can get a new H1 under the quota and get the full 6 years again.

Note that the scenario you posted wouldn't work for the quota situation, anyway. To get a new H1, you would have to be abroad for a year at the time the H1 is filed. So, if you would leave before April 2015, a new H1 under the quota could be filed in April 2017, with a start date of October 2017.

So, in your scenario, only a continuation of the existing H1 would be possible.